Govt reviews steps for upskilling & increase womens' participation in MSME sector (See 'Corp Brief') PM Vishwakarma Scheme - holistic support for artisans of 18 traditional trades; 23.09 Lakh beneficiaries trained (See 'Corp Brief') Govt notifies DPDP Act & Rules thereof; simplified framework for startups & data fiduciaries (See 'Corp Brief') SARFAESI - as per Sec 15 of the Act, if borrower's management is taken over by secured creditor, the management may be restored upon full repayment of debt: HC (See 'Legal Desk') Afforestation, ecological restoration - coal mining cos steps to ensure ecological balance (See 'Corp Brief') Competition Act - allegations primarily concerning contraventions of the Companies Act or Ministry of Youth Affairs and Sports directives, do not relate to anti-competitive conduct or violation of the Act: CCI (See 'Legal Desk') RBI issues guidelines for banks to provide customer services in regional languages (See 'Corp Brief') IBC - If bank has released approved payments from TRA account operated by them, then bank was monitoring these transactions during entire CIRP: IBBI (See 'Legal Desk') Govt releases Credit Assessment Model for MSMEs to enhance digitally driven loan appraisal (See 'Corp Brief') IBBI - Cannot be expected to maintain information with respect to other laws outside its purview: IBBI (See 'Legal Desk') Govt's aid measures for MSMEs - TReDS, Rs 9000 Crore infusion (See 'Corp Brief') Indian media & entertainment sector to maintain growth despite AI disruption: Secy (See 'Corp Brief') PBPT - Transactions are rightly deemed benami u/s 2(9)(D) of PBPTA, where person who provided consideration for properties was not traceable: SAFEMA Tribunal (See 'Legal Desk') Sustainable coal mining - Govt simplifies approval for geological exploration & reports (See 'Corp Brief') Benami - Benami transaction is considered not only in case of transfer of property by beneficial owner for his ultimate benefit in future, but even if such properties is held by benamidar: SAFEMA (See 'Legal Desk') IITF-2025 - FCI Pavilion showcasing modernised foodgrain management bags bronze medal (See 'Corp Brief') Copyright Act - Police have jurisdiction to register FIR u/s 33EEC of the Drugs and Cosmetics Act in conjunction with cognizable offence under Copyright Act; registration of copyright not mandatory for criminal proceedings upon infringement: HC (See 'Legal Desk') VO Chidambarnar port receives first Clinker vessel following MoU with Ambuja Cement Ltd (See 'Corp Brief') PMLA - Sweep of Sec 5(1) is not limited to accused named in criminal activity relating to scheduled offence, but shall apply equally to person who is involved in any activity connected with proceeds of crime: SAFEMA (See 'Legal Desk')

CCI imposes penalty on maritime transport companies

Published: Jan 24, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 24, 2022: THE  Competition Commission of India ('CCI') passed a final order against four maritime transport companies namely Nippon Yusen Kabushiki Kaisha ('NYK Line'), Kawasaki Kisen Kaisha Ltd. ('K-Line'), Mitsui O.S.K. Lines Ltd. ('MOL') and Nissan Motor Car Carrier Company ('NMCC') for indulging in cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. Amongst these four companies, NYK Line, MOL and NMCC were lesser penalty applicants before CCI.  

The evaluation of available evidence revealed that there was an agreement between NYK Line, K-Line, MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. To achieve the said objective, the maritime transport companies resorted to multi-lateral as well as bilateral contacts/ meetings/ e-mails with each other to share commercially sensitive information which, inter alia, included freight rates. They also aimed to preserve their position in the market and maintain or increase prices, including by resisting requests for price reduction from certain OEMs. 

Accordingly, based on a cumulative assessment of the evidence, the Commission held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Competition Act, 2002 (the Act), which prohibits anti-competitive agreements including cartels, from 2009 to 2012. Further, 14 individuals of NYK Line, 10 individuals of K-Line, 6 individuals of MOL and 3 individuals of NMCC, were also held liable for the anti-competitive conduct of their respective companies, in terms of the provisions of Section 48 of the Act. 

As three companies filed lesser penalty applications, the Commission gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals. Accordingly, the Commission directed K-Line, MOL and NMCC to pay penalties to the tune of approx. INR 24.23 crores, INR 10.12 crores and INR 28.69 crores respectively, besides passing a cease-and-desist order.

TIOL CORP SEARCH

TIOL GROUP WEBSITES